My Birthday is March ,1986. I am 21 year old female. I am dating a girl
That is 17 right now and will be 18 in August of this year (2007)... I live
In the State of Texas. If she and I decide to have sexual activities could
Her parents or just somebody press charges on me for anything? With this
Age difference of mine? I have read that if the person is no younger the 17 she can have sex with someone older. I am 3 years and a few months older then she is and she is not 18 yet. Is it OK to have sex with her?

I am not sure they will prosecute a female for having sex with a female? But here is the state legislative codes for Texas.


Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any person:

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of the child's genitals.

(b) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than three years older than the victim and of the opposite sex;

(2) did not use duress, force, or a threat against the victim at the time of the offense; and

(3) at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.

(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.









Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:

(1) the actor compels the other person to submit or participate by the use of physical force or violence;

(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;

(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;

(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8) the actor is a public servant who coerces the other person to submit or participate;

(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;

(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

(c) In this section:

(1) "Child" means a person younger than 17 years of age who is not the spouse of the actor.

(2) "Spouse" means a person who is legally married to another.

Well this all refers to people under 17 so at 17 and up I guess she has the right to decide for herself.

Be advised that same sex sexual relationships are immoral; analogous to having sex with an animal.

Hello Pam:

Take a look at John's answer. Texas is full of those kinds of red necks - many in law enforcement. If they can construe your behavior to be illegal, you can bet your gay little bottom, they will.

excon

When you started dating this girl, was she under the age of 17?

Redneck... I think not, but it gave me a good laugh. I'm just a normal everyday conservative that believes gay sex is immoral. When one asks a legal question, they should also be advised of the morality of the situation. There is more to this than whether it’s legal or not.

“Redneck” did give me a good laugh!!

Hello John:

Here on the legal boards, we don't judge. Plus, I personally don't like those that do. So, if you're going to judge people over here for asking for help, you'll suffer my rath.

Stick to your Bible boards - you can do all the judging you want over there.

excon

I don't mind your opinion, or as you call it, "judgment". In many cases you’re quite funny. Whether you like me or not is irrelevant, and I don't spend any time on the bible boards.

However, I'm free to express my opinion and give advice just like you. And In my opinion and advise to Pam is gay sex is immoral and she should abstain.

The age of congest in Texas is 18.

However, if the person is 17, they can have sex with someone up to 2 years older than they are.

Since you are more than 2 years, it is statutory rape according to Texas law.

Does that mean they will prosecute? Probably not, how will they ever find out? It's not like she can get you pregnant.